Family spillover to employment is 60k GC in FY 2023. Show
This means a total of 200k GCs will be available for the employment-based category. This is very good news. In FY 2022 which ends on 30 Sep 2022, USCIS has used all 281k available Green card numbers and has told the court that there are no more EB1, EB2, and EB3 numbers available in the current year. This simply means that whosoever did not get the approval will not get it now. The new quota will be activated on 1 Oct 2022 and you may get approved if your date is current as per the Oct bulletin. Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014:
We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. USCIS has not clarified this in the court filing. This article will discuss:
Will EB2 India reach Dec 2014 by Sep 2023 bulletin?As predicted by us, EB2 India will move back close to EB3 India and it has happened in the Oct 2022 bulletin. Usually, they remain close to each other within a 3 months gap and are expected to remain like this until the end of Sep 2023 now. USCIS has been continuously saying in 2022 that the dates for EB2 should not retrogress and should stay current if they were current in July 2022. But, they changed their stance suddenly in Sep 2022 court filing:
Will 60k new Family to Employment Spillover Help EB2 India?Yes, 60k additional GC numbers will help EB2 India. This spillover:
Predictions for 2023Using the same percentage as USCIS allocated for EB2 and EB3 India in 2022, the numbers for 2023 may look like this: This probably means that if 43k are allocated to EB2 India, USCIS should be able to approve all currently pending i485 by Aug 2023 and then may be able to the priority date to 2015 for EB2 India. Remember that all of this is a simple estimation and can go completely wrong if USCIS does not allocate this number to EB2 India or if the number of duplicate EB2 and EB3 filings is lesser than 50%. Even USCIS does not know how many are duplicates at this time. Stay positive and hope for the best. We estimate these dates to be possible in the next 12 bulletins: Predictions – India – Final Action
If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. Our predictions are based on these numbers that we think are possible. You can estimate dates based on your own understanding too. This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. Visa Bulletin Predictions App > The employment spillovers happen in this order:
In a nutshell, this is the funnel for spillovers within employment-based categories:
If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. Estimate My Green Card DateYou can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins.
This is what the estimated values look like. This will help you make a decision with respect to filing EB2 to EB3 downgrade and collecting documents for filing i485 if you have a good chance of getting current in near future. Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. Use the coupon code You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. How to Get a Green Card Fast? Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. #1 US Citizen Child Sponsor To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. #2 EB2 to EB3 Downgrade India EB2 to EB3 downgrades are possible. Will there be an EB2 retrogress in October 2022?The U.S. Department of State has released the October 2022 Visa Bulletin, which shows significant retrogression in the employment-based second preference (EB-2) category for individuals born in India.
Will EB3 India become current in 2022?In FY 2022 which ends on 30 Sep 2022, USCIS has used all 281k available Green card numbers and has told the court that there are no more EB1, EB2, and EB3 numbers available in the current year. This simply means that whosoever did not get the approval will not get it now.
How often does the Visa Bulletin Update?The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the I-130 petition that starts the green card process was originally filed.
What if I am outside us when my priority date is current?If you are living outside the U.S. when your I-140 is approved and your priority date is current, you and your dependents can apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as permanent residents.
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